HC grants bail in narcotics case, cites SC verdict that disclosure statement made by co-accused not admissible

Read Judgement: Ashish v. State of Haryana

Vivek Gupta

Chandigarh, July 2, 2021: The Punjab and Haryana High Court has granted bail in a narcotics case while citing the Supreme Court’s judgement in Tofan Singh vs State of Tamil Nadu that disclosure statement made by the co-accused against the petitioner is not admissible.

Justice Arvind Singh Sangwan, in an order dated July 1, however, directed the petitioner to make sure that he will make himself available for interrogation by a police officer as and when required and will not leave India without permission of the court.

Also the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, the court said.

The petitioner, Ashish, from Haryana’s Ambala district, was booked on June 11 this year under Sections 25 and 15(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act at Saha police station in Ambala district.

The counsel for the petitioner argued that as per the allegations in the FIR, it is stated that the Investigating Officer received a secret information that the co-accused Baldev Singh alias Lalli, a Dhaba owner, was indulging in the business of selling intoxicant substances.

Baldev Singh was apprehended with a plastic bag on his motorcycle and upon search, it was found to be containing 26.120 kgs of poppy husk.

Later in the disclosure statement, Baldev stated that he purchased the same from the petitioner for selling it to the truck drivers.

The petitioner’s counsel referred to the judgment passed by the Supreme Court in Tofan Singh vs State of Tamil Nadu and submitted that it will be a debatable issue whether the disclosure statement made by the co-accused before the police is admissible against the petitioner.

During the hearing of the matter, Tanushree Gupta, Deputy Advocate General, Haryana did not dispute the fact that the name of the petitioner surfaced in the disclosure statement of the co-accused.

After hearing the counsels for the parties, the court held that considering the fact that the petitioner’s name was not there in the secret information and it only surfaced in the disclosure statement of the co-accused (Baldev Singh) and in view of the judgment passed by the Supreme Court in Tofan Singh’s case (supra), the petitioner’s plea seeking bail is allowed.

The petitioner is directed to join the investigation within a period of 10 days, the ruling stated.